Construction Site Injury Claims Process
Construction sites can be hazardous places to work. Additionally, some of the dangers created by construction sites end up extending to pedestrians and other people who just happen to be in the area. When an injury occurs at a construction site, the injured individual will likely file a claim seeking compensation for his or her injuries. The type of claim filed will depend on who the injured individual is and who is to blame for the incident that caused the injury.
What to do if you are a construction worker injured at work
Most injuries to construction workers while they are on their work site will fall under a state based workers’ compensation program. Workers’ compensation programs require employers to hold insurance policies that workers can access when they are injured at work, no matter who caused the injury. Thus even a careless construction worker will be eligible to collect workers’ compensation when he or she was the main cause of the injury he or she suffered. However, the damages in a workers compensation claim are limited, and often far less than what a worker could recover in a negligence claim if his or her employer were found to be negligent. Workers covered by workers’ compensation programs are prevented from filing suits in court against their employers though.
When a construction worker suffers a work related injury, he or she should seek medical attention. Following that, it is important to report the injury to the employer promptly. Additionally, some workers’ compensation programs require that an injured employee also file a claim with the state.
Once the claim is filed it will be reviewed by the employer’s insurer. The insurer will look for weaknesses in the employee’s claim that may prevent the employee from recovering or decrease the amount of the compensation. For instance, if the injury could have resulted from a preexisting condition, or the insurer believes the injury is not as serious as the employee claims it is, then the claim could be denied, or the benefits reduced.
In the event of a claim denial, the employee will have the opportunity to appeal the decision. Usually this appeal will involve a hearing in front of an Administrative Law Judge, but the process can vary depending on the state. If the injured worker has not yet retained an attorney to represent him or her, this would be a good time to consider doing so. The hearing will involve putting together all necessary documents and medical records, it might involve taking depositions of witnesses, or experts, and the injured person may be required to give testimony at the hearing. An attorney will be familiar with this process and be able to ensure that all of the necessary information is gathered and that the individual is prepared to answer questions during the hearing. Even if the claim is denied again, there are likely additional opportunities to appeal, but the process will depend on the state.
An injured construction worker may also want to consider speaking with an attorney to discover if he or she might have the opportunity to file a lawsuit against someone who is not the employer. Construction site accidents are complicated, and it is possible that the injury had multiple causes. If one of those causes was a malfunctioning piece of equipment, or someone unrelated to the work site, then the worker would be able to file a suit against that person or company since workers’ compensation programs only prevent lawsuits against the workers’ employer. This would be a good thing to find out, since a negligence suit would likely allow for more types of damages than a workers’ compensation claim.
Other Injured parties
If the injured person is not a construction worker, but instead, is a pedestrian passing the site, or another individual unrelated to the work being performed, then that individual would likely have a case for a negligence lawsuit against either the contractor, a sub-contractor, a manufacturer of the equipment, or another party, or a combination of parties. In these scenarios, an attorney should be consulted in order to determine the best course of action to take.
In any of these situations, the injured person should attempt where possible to gather evidence regarding the cause of the accident, and extent of the injury suffered. Photographs should be taken of the scene and of the injuries, and witness information gathered.
Contact Stern Law, PLLC for A Free Consultation
At Stern Law, PLLC, we have compassionate and caring attorneys ready to work with you in order to find the best strategy for seeking compensation for your construction related injuries. Contact Stern Law, PLLC today at (844) 808-7529 for a free consolation with an experienced attorney.
